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I posted this before but I didn't get many answers (3 to be exact). I'm looking for an explination that is somewhat lengthy and can explain in whole, more of a textbook type answer, if possible, if not, any type of explination would work. LOL
I'm working on the subject of Police discretion in my Corrections in America class this week. The topic is Police discretion. There isn't much information in the text, so I was hoping to get a few answers from a few officers or other people in the CRJ field.

My main question is what exactly is meant by police discretion? (what does police discretion mean--I know what discretion means, but I am assuming actual "police" discretion is a bit different in its own--and what does police discretion involve?) How does the pratice of discretion by todays officers affect your department and the policing profession as a whole?

Any insight on this would be greatly appreciated.

2007-03-22 13:06:51 · 2 answers · asked by brown eyes 3 in Politics & Government Law Enforcement & Police

2 answers

Writing you a ticket for 65 in a 55 when you were really doing 70 is a form of discretion. Giving you a written warning for a traffic offense instead of a ticket is an example of discretion. Telling some kid out after curfew to get home instead of arresting and taking them to juvenile hall is a form of discretion.

Discretion is basically excercising an option. It could be for less of a penalty or more of a penalty.

For instance, I know "of" someone who was caught with a very small amount of marijuana. Where I live that would normally be handled by citation and release - like a traffic ticket: sign here to promise to appear in court on such and such a day. The person in question lived out of the area and had been very uncooperative with the authorities and rude and disrespectful so the officer in question arrested the perosn and took him to jail. Right? Wrong? not the question at hand. Just an example of discretion.

2007-03-22 13:26:34 · answer #1 · answered by anonymouse 3 · 1 0

Meanings
The word has three main meanings:

1) a discreet or prudent manner (as in the proverb "discretion is the better part of valour")

2) the ability to act or make a decision according to one's own choice

3) the better part of valour


Examples
Those in a position of power are most often able to exercise discretion as to how they will apply or exercise that power.

In the criminal justice system, police, prosecutors, judges, and the jury are often able to exercise a degree of discretion in deciding who will be subject to criminal penalties and how they will be punished. For example, the police officer may decide whom to formally charge with an offense. For a traffic violation, a police officer may simply issue a warning. A prosecutor may pursue different charges against the members of a group of suspects. Plea bargaining also plays a major role in determining charges.

The exercise of discretion by judges is an inherent aspect of judicial independence under the doctrine of the separation of powers. The standard of review applied to appeals from decisions involving the exercise of judicial discretion is "abuse of discretion."

2007-03-22 20:25:06 · answer #2 · answered by the_mr911 6 · 1 0

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